If the fence and drain were were inspected and removed by my HOA/county but there were no problems, shouldn’t they replace them?

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If the fence and drain were were inspected and removed by my HOA/county but there were no problems, shouldn’t they replace them?

The fences were installed when the subdivision was built 11 years ago. It doesn’t seem right that the county and the HOA can destroy someone’s private property and expect the homeowner to repair it. I have a pool in my yard and I have dogs. They are putting me in a legal situation by removing my fence. Due to current economic situations and being single, I don’t have the financial resources to install another fence. The county and the HOA inspected my drain and found no problems with the drainage at all.

Asked on August 20, 2012 under Real Estate Law, Florida

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If the fence and drain were on the property that you own and were removed by the HOA and county officials then under the law assuming such items were legally placed where they were you should be entitled to the costs of replacement. I suggest that you get estimates for the replacement of what was taken and make a written demand for such an amount.

I suggest that you might also want to consult a real estate attorney about the matter you have written about to see what your legal recourse is.


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